Limitation period.
Three years after a judgment expires, no writ of execution can be issued unless the debtor consents or unless the judgment is revived by the court on notice to the debtor (in which case no new proof of the debt is required) (Rule 66, Uniform Rules of Court).
How long does a judgment stay on your name in South Africa?
5 years
A judgment is public information and remains on your credit report for 5 years or until the judgment is rescinded by a court or paid in full. Once paid Consumers no longer have to get the judgment rescinded in court.
What happens if a defendant does not pay a judgment in South Africa?
If the judgment debtor doesn’t pay and you want to enforce, the Magistrate’s Court procedure will apply. The clerk may issue a warrant and the sheriff of the court may execute. Consult your attorney on enforcing the judgment in the Magistrate’s Court.
How can a judgment be removed in South Africa?
South African law allows you to approach a court, on application, to rescind the judgment (set it aside) against you. Typically, default judgment for payment of debt will be granted against you if you have failed to appear at court and prove to the Magistrate that you do not owe the money for whatever reason.
What happens when you get a judgment against you in South Africa?
The judgment becomes a matter of public record and is indexed by the clerk of the court. It also shows up on your credit report as well as any background checks. If you are concerned that you are not able to keep up with your debt repayments and a judgment could be heading your way why not tackle your debt now?